LL5304: Public International Law and the United Nations Coursework

This report is a comprehensive analysis of Public International Law (PIL) and its intersection with the United Nations (UN), focusing on human rights and international legal frameworks. The report examines various scenarios involving territorial disputes, self-determination, and the application of international law principles. It delves into the Vienna Convention on the Law of Treaties, the UN Charter, and the role of the International Court of Justice (ICJ). The analysis covers key concepts such as state sovereignty, self-defense, and the rights of individuals, exploring the legal implications of actions by states like Galaxia and Twixia. The report considers the validity of treaties, the use of force, and the process of self-determination, providing a detailed examination of the legal arguments and potential actions within the context of international law. The report emphasizes the importance of human rights and the obligations of member states under the UN Charter.

Running Head : Public International Law and Human Rights
PUBLIC INTERNATIONAL LAW AND HUMAN RIGHTS
Name of the Student
Name of the University
Author Note

1Public International law and the United Nation
Introduction
International law also is termed as public international legislation indicates a set
of norms, standards and rules which is generally permissible in the relationship amongst
nations. It also creates a normative guiding principles conceptual legal framework to
regulate states among wide scope of domains which includes trade, war, diplomacy and
human liberties1. Thus International legislation facilitates modes for nations to practice
organized international relationship2. The guiding principles of International law are
derived from international treaties and customs and in general legal principles is
recognised by legal structures of the nations. There is a reflection of international law in
customs and practices which is implemented by nations to regulate healthy and
peaceful relationship and reciprocal recognitions such as the enforcement of foreign
pronouncements3. The international legislations vary from state to state based on the
legal structure and is primarily implemented to countries rather than to persons and
functioned on consent as there is not globally applicable authority to execute it on
sovereign states. In the consequence that the state has the option of not choosing to
abide by international regulations and also to breakdown the treaty. Nevertheless such
violation of international legislations specifically the customary international regulations
and peremptory standards can be encountered with coercion which is extending from
1 Maisley N, 'The International Right Of Rights? Article 25(A) Of The ICCPR As A
Human Right To Take Part In International Law-Making' (2017) 28 European Journal of
International Law
2 'Uphold International Law' (Un.org, 2020)
<http://www.un.org/en/sections/what-we-do/uphold-international-law/> accessed 21
January 2020
3 'Pacific Settlement Of Disputes (Chapter VI Of UN Charter) | United Nations Security
Council' (Un.org, 2020) <https://www.un.org/securitycouncil/content/pacific-settlement-
disputes-chapter-vi-un-charter> accessed 21 January 2020

2Public International law and the United Nation
military interruption to economical pressure4. In the case of the United Kingdom vs.
Costa Rica of 1923,5 it is laid down that there is no necessity to confirm prior
constitution in such case. The governments' non-recognition by other administrative
bodies de legalised the standing of the government. The correlation between municipal
and international legislations is compound and variable. The international law can be
classified into private and public international law principally by the scholars of the civil
law who pursues to abide roman tradition6s. The Space Industry Act of 20187 underlines
a high-level framework for marketable spaceflight process. All states are equal and
sovereign in their relationship and are independent to accept or create the legally
binding regulations which are usually in the nature of agreements or treaties8. The
states by signing the treaties consensually entered into a legally binding contractual
relationship with other parties in an particular agreement the observance of which is
regulated by the reciprocal impact of non-obedience.
Discussion
The background study of the Galaxia’s actions case confers information that
Galaxia is a powerful state in archipelagic and military aspect. Galaxia is a permanent
4 'International Law | Definition, History, Characteristics, Examples, & Facts'
(Encyclopedia Britannica, 2020) <https://www.britannica.com/topic/international-law>
accessed 21 January 2020
5 United Kingdom vs. Costa Rica of 1923
6(Chicagounbound.uchicago.edu, 2020)
<http://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=1298&context=cjil>
accessed 21 January 2020
7 The Space Industry Act of 2018
8 'Space Law' (En.wikipedia.org, 2020) <https://en.wikipedia.org/wiki/Space_law>
accessed 21 January 2020

3Public International law and the United Nation
associate of the United Nations Security council. The republic of Twixia who is
neighbouring states of Galaxia. Twixia acquires sovereignty from Henbog in the year
1950. There is a political association between Henbog and Galaxia along with ten other
states. Twixia is not part of the association and it is a developing country with a
population of about 40 million in the year 2015. But recently many individuals from
Twixia moved to other places due to the acute issue of unemployment which is almost
35% in the year 2015.
Scenario: 1
In this case, there are two states namely Twixia and Galaxia had territorial
conflict over Flakia island which is situated in between Twixia and Galaxia. It is argued
by Glaxia that Flakia is within their jurisdiction as it was gained through the two-week
battle that occurred in the year 1950 between Twixia and Galaxia. A subsequent treaty
was concluded between Galaxia and Twixia in the year 1951. The issue raised in this
scenario is that Twixia questioned the validity of the agreement on two factors which
includes firstly there is lack of authority of representatives of Twixia for the treaty and
secondly there is the absence of free consent as the same was obtained through
coercion. Thus according to Twixia, the treaty is completely null and void ab initio and it
is not made in the compliance of the necessities of Vienna Convention on Law of
Treaties in the year 1969 and the United Nation Charter9. The Vienna Convention is an
international contract which regulates the relationship among state parties. The
Convention is applicable in particular treaties which come into effect after the
establishment of convention and thus it is not applicable to regulate the agreement
between international organizations and states. Nonetheless if there is independent
rules binding in the organization it remains as it is. Article 31 to 33 of the Vienna
Convention envisages principles for intervening treaties and conventions10. The
underlying principles is acknowledged as demonstrating customary international
legislation. The right towards self-determination is one of the basic rights guaranteed to
9 Vienna Convention, 1980
10 (2020) <http://www.academia.edu/Documents/in/International_Law> accessed 21
January 2020

4Public International law and the United Nation
the individuals to identify the destiny of its own11. The doctrines of self-determination in
entail under Article 1 of the charter of the United Nation. The preamble of the United
Nation embodies rule for maintaining harmony and global security and also esteem
human rights12. The aim of the convention of the United Nations is to preserve
international peace and safety and also adopt effective measures for eradication of
threats or aggressions and to act in accordance with the principles of international
legislation13. All members of the United Nations have refrained from the use of threat or
force that will endanger the peace and harmony in addition to that also affect
international relations14. Thus the treaty between Twixia and Galaxia is void as the
same is nor made in obedience to the principles underlined in the United Nation
Convention15. The action which can be adopted by Galaxia is that certain situation
11 'The Political Nature Of The Right Of Internal Self-Determination - An International
Law Perspective -' (2015) 39 Dankook Law Riview
12 Weismann P, 'Peoples’ Right To Self-Determination' (2019) 21 International
Community Law Review
13 'Peaceful Settlement Of Disputes - International Law - Oxford Bibliographies - Obo'
(Oxfordbibliographies.com, 2020)
<https://www.oxfordbibliographies.com/view/document/obo-9780199796953/obo-
9780199796953-0145.xml> accessed 21 January 2020
14 'Peaceful Settlement Of Disputes | United Nations | International Politics' (Scribd,
2020) <https://www.scribd.com/presentation/7168137/Peaceful-Settlement-of-Disputes>
accessed 21 January 2020
15 'Use Of Force By States' (En.wikipedia.org, 2020)
<https://en.wikipedia.org/wiki/Use_of_force_by_states> accessed 21 January 2020

5Public International law and the United Nation
involving breach of the peace can be referred to the prosecuting attorney of the
International Criminal Court.
Scenario 2
Galaxy is a solitary country within the range of shooting range of rocket
launchers. The central intelligence department informed Galaxia that the hypersonic
programme of Twixiahatred of the president of Twixia raises severe concerns on
security in the country of Galaxia. Several safeguarding actions had been implemented
by Galaxia to resist any kind of apprehended hatred actions from Twixia which involves
freezing of economic assets, get military backing from two neighbouring states under
the doctrine of combined self-defence. Article 51 of the United Nation Charter damage
the inherent liberty of the people or combined self-defence if any form of military attack
was taken place against the states who is the associate of United Nations until the
measures adopted by the Security Council to preserve international harmony and
security16. The steps taken by the member states of the United Nation in implementation
of liberty of self-defence shall instantaneously be informed to the Security Council under
the provisions entailed in the present charter. Such preventive action is indispensable
for the purpose of restoring or maintaining international harmony and security. In the
context of legislative enforcement, the application of force is defined as the quantum of
effort required by police authority against forceful compliance of undesirable subject.
The self-defence is considered legitimate in the united kingdom for the purpose of
safeguarding themselves from any sort of severe crime. The Security Council of the
United Nations is primarily liable for the preservation of global security and peace. All
member states of the United Nation are legally bound to comply with the decision taken
by the Security Council. The primary position is taken by the Security Council of the
United nation in identifying the prevailing danger to peace or aggression. When any
severe threat is determined by Council it initiates to settle the dispute by peaceful
methods and made several recommendations regarding the strategies of adjustment. In
16 'United Nations' (En.wikipedia.org, 2020)
<https://en.wikipedia.org/wiki/United_Nations> accessed 21 January 2020

6Public International law and the United Nation
some case of severe infringements, the Council impose a penalty as last resort or
application of force for maintaining and restoring international harmony. The rights
which are enshrined by adopting the worldwide legal personality involves the right to
enter into agreements and enjoy immunity, rights to raise international claims for
damages sustained by the hostile action of any other member states17. Article 33 laid
down the obligation to the parties involving in the international dispute the continuance
of what resulting in endangering worldwide harmony and security. It also obliges the
member states to settle the dispute by adopting peaceful means as enumerated in the
Convention or by any other peaceful measures. The territorial or international dispute
relates to the divergence over the liberties of states with relation to the dominance of
specified area of land. The United Nation Charter build an objective for establishing
embodiments under which the justice derives from the treaties are guaranteed and
foundations of international legislation can be guaranteed and maintained18. For the
purpose of settling dispute arising from the member states, the core judicial body of the
United Nations is the International Court of Justice. The main function of the
International Tribunal is to resolve legal claims in confirmation with the international
legislation. It also confers advisory ideas on legal issues referred by the sanctioned
body of the United Nations and other specialized agencies. Some of the activities
implemented by the Security Council regarding the target of maintaining peace involves
establishing ad hoc tribunals, resolutions and sanctions adopted by Chapter VII of the
United Nation Charter. The Galaxia action for adopting preventing measures for the
purpose of confronting any future threat or danger to Galaxia is made in conformity of
the principles enshrined in the Convention on United Nations.
17 'International Legal Personality' (En.wikipedia.org, 2020)
<https://en.wikipedia.org/wiki/International_legal_personality> accessed 21 January
2020
18 'The International Legal Personality Of The Specialized Agencies Of The United
Nations' [2018]

7Public International law and the United Nation
Scenario: 3
In this case, the governments of Snickerland and Galaxian has entered into
negotiable arrangements for sovereignty issue of Yorkie. The Foreign Secretary of
Galaxia announced that their country had accepted to pass dominance of Yorkia to
Snickersland. The Yorkie's population raise their strong opposition regarding the issue
of sovereignty transfer. The government of Snickersland insisted that the local residents
have no right of veto to intervene in the matters which is interrogated by the two
independent states. The population of Yorkie cast their vote in favour of independence
which was agreed subsequently by the regional parliament of Yorkia. The governor of
Yorkia’s announced that Snickerland government should agree the opinion of the
people as the very same is guaranteed under the principles of human rights
enumerated in their law of the constitution. In reference to current media criticism on the
issue, Galaxia is intending to refer the issue to the International Court of Justice for the
purpose of determining legitimacy under the principles of international law. The
International Court of Justice has authority to hear two types of proceedings that is
contentious cases in between member states where the international court provide
bindings regulations among states that accept the principles of international law and
also provides advisory suggestions. The right of individual of self-determination is
regarded as fundamental principles under international legislation. It is the obligations of
all member states to guarantee the preservation of the human rights of the individuals.
The obstruction of the principles by the application of force construed severe
infringements of international legislation. The united nation Charter initiates with esteem
towards the liberty of self-determination of individuals which is presented as the purpose
of Convention of United Nations19. The liberty of self discrimination of individuals was
affirmed by the General Assembly of the United nation in the announcement of pleasant
relationship which was adopted unanimously in the year 1970 and is regarded as
commanding suggestions of customary worldwide law. Article 1 of the International
Convention concerned with social, economic and cultural liberties reiterates the liberties
19 'UNITED NATIONS SECURITY COUNCIL RESOLUTIONS' (2011) 50 International
Legal Materials

8Public International law and the United Nation
of the individuals to the self-willpower and laid obligations to the member states to
advance it20. Self discrimination was first identified in the arena of decolonisation.
Nevertheless several instruments of human rights which include resolutions on General
Assembly, conventional legislation and state practice have expanded their application
beyond the ambit of colonial context. The requirements of self determinations are that
the individuals can be understood to realize the right to self determinations when they
satisfy three conditions. Firstly establishing the independent and sovereign state.
Secondly free association with another state and thirdly integration after freely
expressing their self-determination with another nation. The meaning of understanding
self-determination was affirmed by Announcement of friendly relations. The notion of
self-determination overview not only the state liabilities to advance the right of
individuals but also impose the obligation to restrain from committing any coercive
actions which lead to deprivation of human right guaranteed to the individuals. The use
of power in the exercise of the rights of the individuals is considered as unlawful and are
prohibited consistently by the worldwide community. Thus by virtue of self-determination
and equal rights of the individuals as entailed in the United Nations Charter all
individuals have liberty to made determination freely without any form of external
interventions and to adopt cultural, social and economic progress and it the duty of
every state to deference rights which is in confirmation of the provisions underlined in
the Charter. Thus the governing body of Yorkis should affirm the will of the individual as
non-acceptance of the very same will resulting in disrespect to human rights as
enshrined in the Constitution. Galaxia’s action of raising the particular matter to the
international court of justice for the purpose of determining validity under international
legislation is tenable in law.
20 'International Law' (En.wikipedia.org, 2020)
<https://en.wikipedia.org/wiki/International_law> accessed 21 January 2020 (Acuns.org,
2020)
<https://acuns.org/wp-content/uploads/2012/09/WebPageSchrijver_UseofForce.pdf>
accessed 21 January 2020

9Public International law and the United Nation
Scenario: 4
In this case, in the year June 2019 constructed a permanent moon base. The
president of Galaxia in the year September 2019 declared that during the meeting of the
general assembly of United Nations the large portion of the moon where there is the
establishment of Moonbase is now adopted by Galaxia. There is a claim of territorial
sovereignty by methods of occupations and use. The statement received widespread
opposition from various states worldwide.Twixia contended that the adopted action of
Galaxia is not made in the obedience of international legislation which includes The
moon Agreement,1979 and the Outer Space Treaty,196721. The argument placed by the
Galaxia contended that it is not the part of the abovementioned treaties. Twixia and
Galaxia are the parties to the charter of the United Nations enacted in the year 1945.
The purpose and guiding principles of the Charter is to [preserve international peace
and adopt effective combined measures for the purpose of elimination and prevention of
any challenges to peace and also to ensures conformism with the doctrines of
international legislation and justice22. It also functions towards a settlement on a
worldwide dispute which results in the violation of peace23. Twixia and Galaxia are also
a member of the Vienna Convention on the law of treaties which is designated as
international conventions that guide the treaties among the member states.The Vienna
Convention encompasses international law of the contemporary period. According to
the Convention, the treaty is an international arrangement that is concluded among
states in writing and is guided by international legislation. In addition to that, it also
affirms that every state should hold the capability to concludes arrangements. Twixia is
21 Outer Space Treaty,1967
22 'The Impact Of International Law On The Content Of Civil Legal Personality Of
Individuals And Legal Entities' (2019) 6 Russian Journal of Legal Studies
23 'Settlement Of Disputes' (Un.org, 2020)
<https://www.un.org/Depts/los/settlement_of_disputes/settlement_of_disputes.htm>
accessed 21 January 2020

10Public International law and the United Nation
also the parties of The Outer Space Treaty which is an international treaty legally
binding to the parties for the usage of outer space only for peaceable purposes 24. Under
the conditions of the treaty, the state parties are forbidden from placing weapons or
other nuclear arms which lead to mass damage in the orbit of the Moon or on any other
space bodies. Twixia is also member states of Moon Agreement which is a convention
that regulates the conducts of the State on celestial bodies and moon which is
designated as Moon treaty or agreement. Space law is the set of legislation which
governs space centred activities that encompasses both domestic and international
agreements, regulations and principles25. The limitations of space legislation shields
damage liability, space exploration, environmental preservation, rescue efforts, new
ethical principles and technology. The other aspect of space laws involves intellectual
property law, administrative law, commercial law, and environmental law as integrated
within the space legislation.The convention of international space legislation shields
misappropriation of outer space by one country, arms controlling, the liberty of
exploration, liability for loss caused by space substances, the prevention of damaging
interference in space activities and corruption of natural wealth in outer space along
with that dispute settlement. The General Assembly if the united Nations adopted
declarations and legitimate principles which reassure exercising international legislation
along with that united communications among countries. The states are at liberty in the
determination of all phases of their contribution in the worldwide cooperation I the use
and exploration of outer space on mutually and equitable admissible manner. All states
who possess requisite space capabilities should participate in the spreading and
advancing international cooperation on a mutually agreed basis. Furthermore, in
accumulation to international conventions which is negotiated at United nations, the
24 Howell E, 'Who Owns The Moon? | Space Law & Outer Space Treaties' (Space.com,
2020) <https://www.space.com/33440-space-law.html> accessed 21 January 2020
25 'Space Law' (Unoosa.org, 2020)
<http://www.unoosa.org/oosa/en/ourwork/spacelaw/index.html> accessed 21 January
2020

11Public International law and the United Nation
nation also contributes in International Space Station entered in the year 1998 among
the administrative bodies of Japan, Canada, Russia and United Nations focusing on
participation to the Civil International Space Station.The Outer Space treaty said that all
nations who comply with the provision of international laws are allowed to exploit
galaxy. As a consequence of this, the profitable usage of space is exposed to
exploitation by private and public individuals particularly in connection to space and
mining tourism. The principles adopted are subject to criticism especially in favour of
safeguarding environment conservation and sustainability. Recently several ethical
principles are adopted in space laws for the purpose of preventing any threat to
environment conservation and also for preserving space environment. Galaxia argued
that as they are not associate of the Outer Space Treaty of 1967 and also Moon
agreement of 197926. It is also argued that activities of Galaxia are not inadequate to the
exploitation of modern space. Space law designated as international law encompasses
a wide range of international conventions and treaties and general assembly regulation
on United Nations along with that legislation of international association.
Conclusion
Thus it can be concluded from the above-mentioned discussion that The United
Nation is an international organization accountable for preserving intergovernmental
harmony and security. It also functions in the development of friendly relations among
nations and for achieving intergovernmental cooperation along with that it becomes the
core for balancing the conducts of nations. The Security Council is empowered to
maintain security and peace among the nation. The body of the United nation can
recommend the issue to the Security Council. The decision makes by the Security
Council is binding on the member states under Article 25 of the United Nation Security
Council. The internal Judicial Council is the fundamental judicial body of the united
nations. The court deals with the cases connecting to illegal state intervention, war
crimes and other matters. One of the primary responsibility of the United Nation is to
upgrade human right to the individuals irrespective of any form of discrimination. The
United Nation face criticism on the ground of waste, ineffective and corruptive system.
26 Moon agreement of 1979

12Public International law and the United Nation

13Public International law and the United Nation
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Legal Materials
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International Law
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Right To Take Part In International Law-Making' (2017) 28 European Journal of
International Law
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Law Review

14Public International law and the United Nation
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15Public International law and the United Nation
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